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LRH 2017-326-OHR

Published March 11, 2019
Expiration date: 4/12/2019

TO WHOM IT MAY CONCERN:  The intent of this Public Notice is to provide an opportunity for the public to express their views on proposed adverse effects to historic properties associated with the Chesterdale Road Residential Development Project.


Josh Niederhelman


100 Riverside Place, Unit 201

Covington, Kentucky 41001


LOCATION:  As depicted on the enclosed Project Location Map (Sheet 1) the proposal is located on a partially developed 9.5 acre parcel located at 11700 Chesterdale Road, in the City of Cincinnati, in Hamilton County, Ohio (39.287306 latitude, -84.446373 longitude).

DESCRIPTION OF PROPOSED WORK:  The applicant has requested a Department of the Army permit (DA) authorization for the proposed discharge of dredged and/or fill material into waters of the United States in association with the Chesterdale Road Residential Development project. The proposal would involve the clearing and grading of the proposed project area to create a suitable development lot that is conducive for the proposed development activities.  These activities would require the discharge of dredged and/or fill material into approximately 374 linear feet of an existing stream (Stream 2) in association with the installation of a culvert. Stream 2 is an indirect tributary to the Mill Creek, a navigable water of the United States.  All work would be conducted in accordance with the drawings titled Site Development Plan and WOTUS Impacts – Commercial Warehouse Development, 11700 Chesterdale Road, Cincinnati, Hamilton County, Ohio (Figure 3), prepared by O’Brien & Gere Engineers, Inc., and submitted with the preconstruction notification materials (Sheet 2).

The United States Army Corps of Engineers (Corps) will be the lead federal agency for this undertaking, as the only federal action in association with this proposal is the requirement to obtain authorization under Section 404 of the Clean Water Act for the discharge of dredged and/or fill material into waters of the United States.  The proposal is under review for possible authorization under a Nationwide Permit (NWP) #39 as described in the January 6, 2017 Federal Register, Issuance and Reissuance of NWPs (82 FR 1860) pursuant to Section 404 of the Clean Water Act.  

The Corps is mandated by the National Historic Preservation Act (NHPA) to ensure no federal undertaking, including a Corps permit action, which may affect historic resources, is commenced before the impacts of such action are considered and the Advisory Council on Historic Preservation and the State Historic Preservation Office (SHPO) are provided the opportunity to comment as required by the NHPA, 36 CFR 800, and 33 CFR 325, Appendix C. 

Based on a review of the information provided by the applicant, one (1) structure (Ralph H. & Louise Martin House) was evaluated by K&V Cultural Resources Management, LLC (K&V) and it was determined to be eligible for the NRHP under Criterion C as a distinctive example of a Minimal Traditional Ranch with high-style Tudor Revival elements. Therefore, based on a review of the documentation and recommendations provided by the applicant’s agent, it has been determined the proposed undertaking would have an adverse effect on the NRHP eligible Ralph H. & Louise Martin House.  As part of the preparation for the development, the applicant has proposed to demolish this structure and grade the area surrounding this structure to create a suitable lot for development. 

At this time, the applicant has not proposed mitigation for the proposed adverse effect.  However, the applicant understands that mitigation would be required for the adverse effect and a Memorandum of Agreement (MOA) would be required and made a part of any Department of the Army authorization of the proposed project.  This Public Notice serves to solicit public input on potential mitigation activities to resolve the adverse effects to the Ralph H. & Louise Martin House.

PUBLIC INTEREST:  The Corps is soliciting comments from the public, Federal, state and local agencies and officials, Indian Tribes and other interested parties in order to consider and evaluate the proposed adverse effect on historic properties.  Should you wish to express your views on the undertaking’s effects on historic properties, or provide comments, objections or mitigation proposals associated with the proposed undertaking, please forward this information to our office prior to the close of the comment period of this Public Notice. 

CLOSE OF COMMENT PERIOD:   All comments pertaining to this Public Notice must reach this office on or before the close of the comment period listed on page one of this Public Notice.  Persons wishing to submit comments or objections concerning this proposal should write:

                        United States Army Corps of Engineers

                        ATTN: CELRH-RD-N

                        Public Notice No. LRH-2017-326-OHR

                        502 8th Street

                        Huntington, West Virginia 25701-2070

Please note, the names and addresses of those who submit comments in response to this Public Notice become part of our administrative record and, as such, are available to the public under provisions of the Freedom of Information Act.   If you have any questions concerning this public notice, please call Mr. Andrew Wendt at (513) 825-4518, by mail at the above address, or by email at: